Illinois Takes Steps to Protect Local Law Enforcement from Federal Government Infringement

The State of Illinois has taken steps to push back on the Trump Administration’s efforts to force local law enforcement into doing the job of federal immigration enforcement officers. Governor Rauner signed legislation in August that would limit local and state police cooperation with Immigration and Customs Enforcement (ICE), while the City of Chicago filed suit against the federal government over the same issue.

The Illinois TRUST Act, signed by Governor Rauner in August restricts local law enforcement from collaborating with ICE to detain anyone unless there is a judicial warrant, and disallows local police from stopping, searching or arresting anyone based on their immigration or citizenship status. The bill, which had been in the works for over two years, was the subject of a great deal of debate and compromise. In response to critics who call Illinois a “sanctuary state,” the Governor noted:

The order also directed the Department of Justice (DOJ) and the Department of Homeland Security (DHS) to ensure that jurisdictions refusing to cooperate with immigration enforcement lose federal grant funding.

The irony is that communities with sanctuary policies are in compliance with federal law and do not conceal or shelter unauthorized immigrants from detection, deportation or prosecution for criminal activities. The police can enforce all criminal laws against immigrants who commit crimes.

In addition, the cities with these policies are actually safer than those without. In fact, a 2017 report that notes, sanctuary counties have lower crime rates and higher economic indicators than non-sanctuary counties.

Chicago Mayor Rahm Emanuel said the city will stand firm on its policy because it does not want to “fracture residents’ trust of the police and discourage those here without authorization from reporting crimes or cooperating as witnesses, making the streets more dangerous.”

The battle between the Trump Administration and states and localities over immigration enforcement is just beginning. In the coming months there is likely to be additional litigation and attempts to cut off funding.

This is a misdirected effort by the federal government who should allow local governments to employ their local law enforcement resources as they see fit in order to keep their communities safe.